2012 Fiesta San Antonio kicked off this past Thursday and parade organizers have estimated that a crowd of approximately 500,000 people will enjoy the festivities. With so many people attending the 11 day festival, San Antonio Police are on high alert and are committed to making Fiesta safe for the San Antonio community.

On the first night of Fiesta, law enforcement agencies from around the San Antonio area attended a meeting held by San Antonio Police Chief William McManus. The Chief’s message was clear; SAPD officers are going to actively look for people who are driving while intoxicated.

In 2011, there were 275 DWI arrests during Fiesta with no DWI fatalities and San Antonio law enforcement hopes to repeat this success. As we discussed in our mandatory blood draw blog, Bexar County District Attorney Susan Reed has made the blood draw mandatory for individuals who are charged with drunk driving and refuse the breath test. This means that there is going to be no tolerance for individuals suspected of drunk driving. If someone is pulled over and refuses the breath test, they will be brought to the magistrate’s office and subjected to the blood test.

As we know, the consumption of alcoholic beverages has become very prevalent during Fiesta. If you or someone you know is going to partake in the celebrations and consume alcoholic beverages keep in mind that:

1. If you are going to drink, make sure that you arrange for a safe ride home.

The Texas Department of Transportation, Yellow Cab and San Antonio Taxis have sponsored free taxi rides through the Safe Rides program. The Safe Ride taxis will be available at most Fiesta events and the first $25 of your fare is free to take you home.

2. In the event that you are pulled over for suspicion of driving while intoxicated:

a) You have the right to remain silent.

There is almost nothing that you can say or do that will convince the officer to let you go.

In most cases, it is in your best interest to politely tell the officer that you do not want to answer any questions without first speaking with the attorneys at Joyner + Joyner, P.C.

b) Whatever you say or do can be used as evidence against you.

When you are pulled over for suspicion of driving while intoxicated you are probably going to be videotaped.

The officer will typically ask you questions and can use your answers to prove that you are “impaired”.

Even though you may be trying to cooperate, your answers may be used to support the accusations of “slurred speech”, “disorientation”, “slow response time” and overall “confusion”.

c) You do not have to submit yourself to the breath test.

Blowing below .08 does not guarantee that the officer will let you go.

The officer is looking for overall signs of “impairment”. The fact that you may blow below .08 does not mean that the officer cannot claim that you are under the influence and that you are “impaired”.

d) In Bexar County, if you do not agree to the breath test, law enforcement will conduct the mandatory blood draw.

Although the thought of being subjected to the mandatory blood draw is terrifying for most people, remember that it is in your best interest to remain calm, silent and allow for your attorneys to advocate on your behalf at a later date.

Joyner + Joyner, P.C. – San Antonio, Texas DWI Defense Lawyers

At Joyner + Joyner, P.C. we encourage everyone to enjoy Fiesta responsibly. If you or a loved one is arrested for suspicion of driving while intoxicated contact our offices immediately. In Texas, DWI offenses are a serious matter and hiring an experienced DWI attorney to represent you is essential. Contact us today at (210) 722-9089 for a free consultation. Our DWI lawyers will answer all your questions so you and your family can make an informed decision as to how you wish to fight the DWI charge.